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Addressing Environmental Issues in Real Estate Development
Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more
The White House's Council on Environmental Quality (“CEQ”) recently finalized its “Phase 2” rule, which revises CEQ’s National Environmental Policy Act (“NEPA”) regulations. The rule aims to accelerate NEPA project review by...more
The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...more
On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy Act (NEPA). The final...more
The New York State Legislature concluded the 2023-2024 session on Saturday. The legislature did not develop a plan for a revenue source to replace toll revenue from congestion pricing, which the Governor indefinitely...more
This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more
This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more
On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more
On February 15, 2024, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) released Massachusetts’ inaugural Environmental Justice Strategy (“EJ Strategy”), a comprehensive set of initiatives and...more
On Tuesday, November 28, 2023, Massachusetts released an updated version of the State Hazard Mitigation and Climate Adoption Plan, the “ResilientMass Plan.”...more
The White House Council on Environmental Quality (CEQ) recently published a proposed rule that makes substantial revisions to the National Environmental Policy Act (NEPA) regulations, implementing the amendments directed by...more
On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more
The Fiscal Responsibility Act’s Revisions to the Iconic Statute Largely Codify Existing Interpretation and Practice On May 31, 2023, the House of Representatives advanced the Fiscal Responsibility Act of 2023 (“FRA”), which...more
Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America’s energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an...more
Hosted by The Canadian Institute, the 11th National Symposium on Cumulative Effects Assessment and Environmental Management returns for another exciting year with curated programming that focuses on providing you with...more
The International Consortium of Investigative Journalists (ICIJ) recently issued a report raising concerns that certain auditing firms had certified client companies’ practices and products as sustainable while ignoring that...more
Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision...more
On April 20, 2022, the Council on Environmental Quality (“CEQ”) published a final rule revising the primary regulations implementing the National Environmental Policy Act (“NEPA”). The final rule largely restored provisions...more
On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more
Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 21, 2022 open meeting, pursuant to the sunshine notice released on April 14, 2022....more
The Fifth Circuit has stayed an order blocking Biden administration use of the “Interim Estimates” of the social cost of greenhouse gases. The Court did not leave much doubt that the administration will prevail on the...more
Following two weeks of negotiations between delegates from 197 countries, on Friday, November 13, 2021, COP26 concluded in Glasgow, Scotland, culminating in the release of the final COP26 decision, now known as the Glasgow...more
Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more